Terms of use

Important: The text written in italics is a non-binding, non-legalistic translation of the official and binding text. If you're not a lawyer, this should be helpful.

This Agreement and the following Terms of Use constitute the agreement between the owners of sunshineprofits.com and The Users who access the Website or use our Services by any other means. All information and rules contained in this document apply to every User of the Website or Services. By the act of accessing the Website or by using our Services you fully and explicitly acknowledge all content of this document and agree with each part hereof. If you do not agree with any of these terms and conditions, please do not access this Website and discontinue the use of our Services. The violation of these terms and conditions may result in termination of your account or other liability. Sunshine Profits may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement at the domain or subdomains of www.sunshineprofits.com, where the prior version of this Agreement was posted, or by communicating these changes through any other written contact method we have established with you.

1. Definitions

Following part of this document will include definition of the terms used:

The Service – the lack of restrictions to access a particular content of the Website, regardless of whether this content is in fact used or not. The term Service does not mean the act of using the Website in any way.

The Website – www.sunshineprofits.com

Users – All, who access or establish connection to the Website

Registered Users – All, who have registered on the Website

Subscribers – All, who have paid (and we acknowledged the receipt of this payment) for at least one of our Commercial Services. You do not become a Subscriber at the moment you send the payment. You do not become a Subscriber at the moment you access a part of the Website available only to Subscribers. You become a Subscriber at the moment we acknowledge the receipt of your payment.

Links – Hyperlinks and references to other websites

Tools - Content of the Investment Tools and Charts sections on the Website

In other words: If you subscribe but then don't use our services because your computer breaks etc., you will still be billed normally. There's a 30-day money back guarantee, though, so no worries.

2. Copyright and Distribution

All rights, including, but not limited to, the intellectual property rights such as content, services, trademarks, service marks, copyright, trade names and other rights used or expressed in the Website are and shall remain the exclusive property of Sunshine Profits, its licensors or third party providers, suppliers of charts or data or other linked services.

Except as expressly permitted in these Terms of Use, no party accessing the Website shall reproduce, modify, copy, frame or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website, its content and Services. It is forbidden for any party accessing the Website to copy, modify, reverse engineer, gain unauthorized access to, or in any way alter any software included in or posted on this Website (including but not limited to content found in the Investment Tools and Charts sections on the Website).

You shall not transfer, share, rent, sell, resell or distribute in any other form any material (including, but not limited to, all tools, information, graphics, postings, responses to postings, essays and text), available exclusively for Registered Users. The distribution of essays, reports, messages received from Sunshine Profits, posting them on the Internet is strictly prohibited.

You agree to use the data, information and results of calculations made using any tool found on this Website only for your own purposes. Any commercial use of any content including, but not limited to, data, information and results of calculations made using any tool found on the Website is forbidden without written permission of Sunshine Profits. If you wish to use any content of the Website for commercial purposes, please contact us for details regarding the availability and pricing.

It is allowed to link to the Website or particular essays or web pages, which can be accessed without registration, however direct links to individual charts, graphics, programs, Java applets, Flash/Flex applications, and data files on the Website are forbidden.

In other words: You can link to us but don't even think about making money on our content without contacting us prior to that. As far as copying free content is concerned, please go to our reprints page for details. http://www.sunshineprofits.com/about-us/reprints/

3. Account information

You shall not transfer, share, rent, sell or distribute in any other form your username or password, that may be used to access your account on the Website. You shall not disclose your password to any third party.

You agree that you are responsible for the confidentiality of your username and password. You are and shall be held responsible for any and all activities that are conducted through your account, whether or not you have authorized such activities or actions. You shall immediately notify Sunshine Profits of any unauthorized use of your password.

The free trial is available only once per each individual. It is forbidden for you to create more than one account per person.

In other words: Don't give out your account details and don't create more than one account. We may block access to all our content for those who violate this rule.

4. Payment

The access to our Services requires payment with exception of services described herein or in the content of the Website as free. The fees for our Services differ due to various factors including type of service and period, for which you pay. You agree to pay all applicable fees, charges and taxes that are associated with our Commercial Services, as specified in policies on the applicable enrollment screens. You acknowledge that the payments for using our Services have been and will be made using a credit card or other means by you or on your behalf. In order to pay using a credit card you - the cardholder - must confirm that you are at least 18 years old. If you find and wish to use a particular Service described neither as the Free Service or Commercial Service or the description regarding payment or lack of thereof is unclear to you, you are obliged to contact us (you may use the "Contact us" section on the Website or reach us via e-mail at[if you cannot see the e-mail address, please make sure that you have enabled JavaScript? in your web browser](if you cannot see the e-mail address, please make sure that you have enabled JavaScript in your web browser)) and ask about the pricing.

You agree to pay all taxes that are applicable under your jurisdiction, along with payment for the Service.

The payment is made for the ability to access our Commercial Services, therefore all fees, charges and applicable taxes depend on the lack of restrictions to access a particular content or service (as specifically expressed on the respective enrollment screens) - regardless of whether these services, content, information, or websites are used or not.

The beginning date of all Services (including Free Services and Commercial Services) is the day, on which you obtain access to the particular Service or content. In case of Free Services available to Registered Users that is the day of your registration. In case of Commercial Services the beginning date is the day that Sunshine Profits acknowledges the receipt of your payment.

Sunshine Profits refunds payments only if the request is received within 30 days from the date on the receipt, and the maximum refund amount is limited to the amount on this particular receipt. Sunshine Profits will refund only payments for Subscriber's first 3 requests.

As long as you do not cancel the subscription, you are required to pay any and all applicable charges for the Services.

If you pay by a credit card or conduct online money transfer and you do not receive confirmation that the money arrived within 48 hours, you are obliged to contact us in that matter.

In other words: Subscriptions are renewed automatically, however this is done for your convenience, not the other way around - you have 30 days from each payment to request its refund for whatever reason.

5. Resignation

You may cancel your subscription at any moment, however Sunshine Profits refunds payments only if the refund request is received within 30 days from the date on the receipt, which corresponds to the date of the payment for which a refund is requested. Sunshine Profits will refund only payments for Subscriber's first 3 requests. Sunshine Profits does not prorate any payments, charges, fees or taxes (if applicable) on any type of Service, regardless of the term for which the Service has been paid.

Your cancellation will be confirmed by e-mail either by Sunshine Profits, or by one of its payment processors: CCBILL EU or PayPal. If you do not receive such e-mail from Sunshine Profits or one of its payment processors that means that we did not receive your cancellation request and your subscription was NOT cancelled and that you will be charged for the next period of using our Services as you would be, if no cancellation request was made. You are responsible for contacting Sunshine Profits to make sure your request is processed. You may use the contact form on the Website or e-mail us at [if you cannot see the e-mail address, please make sure that you have enabled JavaScript? in your web browser](if you cannot see the e-mail address, please make sure that you have enabled JavaScript in your web browser).

In other words: If you canceled your account but didn't receive a confirmation email from us - it means that we didn't receive your request and your subscription was not canceled. In this case retry or contact us by using either the contact form (http://www.sunshineprofits.com/help/contact-us/) or email: support@sunshineprofits.com.

6. Pricing

The pricing of our Services may change. The price that you pay for the Service is valid only for the period that you have paid for. The price may change during your Subscription period. In case of an automatic renewal of subscription, the next payment after the price of Services changed will reflect that change. Your credit card charge or other form of payment will be automatically charged or debited unless you have cancelled your account. To avoid being charged for the next period under new terms, you shall cancel your subscription, prior to the renewal date.

All subscriptions on Commercial Services at Sunshine Profits are provided on a continuous renewal basis. Your subscription shall be renewed for the same period that you were subscribed to, prior to the date of the renewal.

In other words: We may change the prices of our services in the future (and probably will as Fed is printing lots of dollars and prices of virtually everything have to go up) and in that case the new prices will apply from the closest renewal. We will let you know about that in advance and we will strive to first improve our service and then increase prices. Also, since statistically only a few percent of people read the Terms of Use, we want to reward those that do. If you noticed this text, contact us and ask us about the "terms of use bonus".

7. Risks and warranties

You agree to use the Services solely at your own risk. Mr. Radomski, Sunshine Profits or any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, agents, data providers, other content providers, licensors) DO NOT warrant completeness, accuracy and reliability of any content on the Website or sent as an e-mail message, posted in any section of the Website or responses for messages or postings, or any content found or services offered on any other websites (including, but not limited to, websites, links to which can be found on the Website). Mr. Radomski, Sunshine Profits or any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, assigns, agents, data providers, other content providers, licensors) DO NOT warrant that the service or websites, links to which can be found on the Website shall be free of errors, viruses or potentially harmful codes. Sunshine Profits disclaims all warranties - express, implied or statutory (including, but not limited to, the warranties of merchantability, title, fitness for a particular purpose and non-infringement of third party rights). Sunshine Profits shall not be held responsible or liable for any damages of any kind arising from the use of the Website, including without limitation, direct, indirect, incidental, punitive and consequential damages.

No information, data, formulas used to make calculations on the Website is guaranteed to be accurate, complete, useful or timely. Sunshine Profits in not a publisher of content supplied by third parties including but not limited to data providers.

All content of the Website (including, but not limited to, Java applets, Flash/Flex applications and other software available on the Website) is for entertainment and educational purposes only. You agree to use them at your sole risk.

The Website and all its contents (including, but not limited to, all tools, charts, codes, software, applets, applications, information, graphics, postings, responses to postings, essays, text and links) are provided on an "as is" and "as available" basis.

In other words: We prepare our analysis and tools based on data from sources that we find trustworthy, but as they don't legally guarantee the accuracy of their data, neither can we. We will serve you to the best of our abilities, but it will be you who makes the investment decisions and makes the trades/investments. More importantly, we are not responsible for anything what you do or don't do based on our services. You are responsible for your investment decisions (and investments/speculation are risky) - not us.

8. Liability

Mr. Radomski, Sunshine Profits or any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, assigns, agents, data providers, other content providers, licensors) shall not be liable for damages of any kind (including, but not limited to, direct, indirect, special, incidental, consequential damage, losses or expenses that arose in connection with the Website) connected with the Website in any way (including, but not limited to, the use or the inability to use any tools, programs, software Java applets, Flash/Flex applications, videos, codes, information, charts, graphics, postings, responses to postings, essays, text, links or the Service itself) or with the use the information contained on the Website for any reason whatsoever.

Mr. Radomski, Sunshine Profits or any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, assigns, agents, data providers, other content providers, licensors) shall not be liable for any interruption in the access to the service (including, but not limited to, the failure to access website, other omissions and errors, interruptions, delays, defects, computers viruses or any other harmful codes, system or connection failures).

Mr. Radomski, Sunshine Profits or any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, assigns, agents, data providers, other content providers, licensors) shall not be liable for any content found or services offered on any other websites (including, but not limited to, websites, links to which can be found on the Website). You agree that you use such websites at your sole risk.

All of the limitations contained or referred to herein apply whether or not the party liable or allegedly liable knew (or had the possibility to obtain such information) about the possibility of damage, injury or harm.

This protection covers claims based on warranty, contract, tort, strict liability and any other legal theory.

Mr. Radomski, Sunshine Profits and any third party (including, but not limited to, Sunshine Profits' employees, associates, parents, directors, subsidiaries, affiliates, assigns, agents, data providers, other content providers, and licensors) is not responsible or liable for any offensive, illegal, calumniatory or libelous conduct of any User.

You understand that at times unexpected events and system failures may negatively influence or even totally disrupt Sunshine Profits' or third party's (including, but not limited to, data providers) ability to update data, charts, content, sending messages, processing orders and payment. You agree that Sunshine Profits may not be liable for damages, harms or injuries resulting from such events.

The total liability of Sunshine Profits for claims of injuries, losses or damages shall be limited to the amount of your actual damages, not to exceed the amount paid by you to Sunshine Profits during the six (6) months, prior to any claim of injury or damage. You fully and explicitly agree that any claim shall not exceed this amount in any event.

In other words: This is a message to other lawyers that more or less says "Don't bother."

9. Complaints

If the Service described herein is not provided at all or the means of providing the Service violate the Terms of Use, User may send a complaint.

All complaints concerning the Service shall be directed to [if you cannot see the e-mail address, please make sure that you have enabled JavaScript? in your web browser](if you cannot see the e-mail address, please make sure that you have enabled JavaScript in your web browser). The subject of the e-mail message must be ‘complaint’ (without quotation marks)

A complaint must include first name, last name, and login used to access the Service, as well as detailed description and reason for submitting a complaint.

Complaints shall be considered by Sunshine Profits within 15 business days upon receiving the complaint in the aforementioned form. Confirmation will be sent when a complaint is received. If you do not receive such confirmation, this means that your complaint has not been received and is not being considered. You are responsible for making sure that your complaint is received.

The person submitting a complaint shall be notified on the manner of considering the complaint by e-mail, to the address corresponding to the provided login. Only under special circumstances, will other e-mail address be used. Such e-mail address shall be provided by the User in the content of the complaint.

In other words: It usually takes us between 0 to 2 business days to reply to a message, but we guarantee a reply to a complaint within 15 business days.

10. Other provisions

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Sunshine Profits does not guarantee the security of any information electronically transmitted and is not liable if the information contained in a message sent using any communication method is not a proper and complete record of the message as transmitted by the sender, nor for any delay in its receipt.

The Service provider shall not provide content which is illegal.

In order to see the e-mail addresses contained herein, the JavaScript must be turned on in your web browser.

This agreement is governed by the laws of the Republic of Poland. You consent to the exclusive jurisdiction and venue of courts in the Republic of Poland in all disputes arising out of or relating to the use of this Website. The use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions contained herein, including without limitation this paragraph.

The term 'owners of sunshineprofits.com" refers to 'Sunshine Profits - Przemysław Radomski, Władysława Łokieta 51c lok. 4, 81-736 Sopot, Poland'. The ownership may change in the future. In the case of the change in the ownership of sunshineprofits.com, this document shall provide new information about who the new owner is. Unless User cancels his/her subscription, he/she shall be immediately bound by the new terms of use.

You shall not copy or modify the HTML code used to generate web pages on the Website. You shall not use the Website, its content, or services on or in connection with any other website, for any purpose.

Additional or different terms and conditions or notices may apply to specific content, materials, information, software or other products and services offered through the Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use.

In other words: A typo doesn't invalidate this agreement, we will not provide you with illegal stuff, and since we're legally registered in Poland, this is where you'll have to fly if you want to sue us.

11. Disclaimer

All essays, research and information found on the Website represent the analyses and opinions of Mr. Radomski and Sunshine Profits' associates only. As such, it may prove wrong and be a subject to change without notice. Opinions and analyses were based on data available to authors of respective essays at the time of writing. Although the information provided on the Website is based on careful research and sources that are believed to be accurate, Mr. Radomski and his associates do not guarantee the accuracy or thoroughness of the data or information reported. The opinions published on the Website belong to Mr. Radomski or respective associates and are neither an offer nor a recommendation to purchase or sell securities. Mr. Radomski is not a Registered Securities Advisor. Mr. Radomski does not recommend services, products, business or investment in any company mentioned in any of his essays or reports. Materials published on the Website have been prepared for your private use and their sole purpose is to educate readers about various investments. By reading Mr. Radomski's essays or reports you fully agree that he will not be held responsible or liable for any decisions you make regarding any information provided in these essays or reports. Investing, trading and speculation in any financial markets may involve high risk of loss. We strongly advise that you consult a certified investment advisor and we encourage you to do your own research before making any investment decision. Mr. Radomski, Sunshine Profits' employees and affiliates, as well as members of their families, may have a short or long position in any securities, including those mentioned in any of the reports or essays, and may make additional purchases and/or sales of those securities without notice.

In other words: If it wasn't already clear, we are not responsible for your investment decisions - you are